Coastal Law

Constitutional Law

CIVIL PROCEDUREThis course introduces students to the legal principles, policies and procedures embodied in various models of Civil Procedure, i.e., civil litigation, mediation, negotiation, arbitration, etc. The course also examines the substantive principles underlying procedures used in civil cases in federal courts: federalism, the constitutional power of the federal judiciary, the scope of federal court jurisdiction, i.e., personal and subject matter jurisdiction, notice and opportunity to be heard, supplemental jurisdiction, removal, venue, and choice of law concerns. Students are also introduced to the Federal Rules of Civil Procedure (F.R.C.P.) FRCP determine the course of civil litigation in federal courts. The course emphasizes the procedural patterns of pre-trial litigation and non-litigious methods of dispute resolution, focusing on the ways in which facts are found and law applied in lawsuits and the implications of these processes on later stages of litigation and settlement.

CONSTITUTIONAL LAW IA study of the nature and distribution of power within the federal government, the relationship between the federal government and the states in regulating commerce, the role of the judiciary, and the prerequisites for litigating a constitutional controversy.

CONSTITUTIONAL LAW IIThis course examines the speech, press, and religion clauses of the First Amendment, the equal protection guarantee of the Fourteenth Amendment, and principles of state action.

CRIMINAL PROCEDUREThis course will examine constitutional aspects of the federal criminal justice system. Primary focal points include the Fourth, Fifth, and Sixth Amendments. The course concerns itself not just with case law but with the context in which it arises and its consequences.

ADVANCED FLORIDA BAR STUDIESThis is a skills-development course that provides students with an intensive substantive review of selected legal material routinely tested on the bar exam. Through the use of problems and exercises in a bar exam format, students will become familiar with techniques for answering multiple choice questions from the MBE (Multistate Bar Examination) and Florida portion of the bar exam, as well as analyzing, organizing, and writing essay questions based on Florida laws. There will be weekly assignments as well as required regular conferences with the course instructor to review written work and evaluate bar exam preparedness. Please note that this course is not a substitute for Florida Practice and Procedure and Florida Constitutional Law. In fact, these two courses are still strongly recommended for students planning on taking the Florida Bar Examination. Also, this course is not a substitute for any commercial bar prep course such as Bar/Bri or PMBR.

CIVIL RIGHTS LITIGATIONThe course is designed with the practical concerns of litigation peculiar to section 1983 cases. The course will explore the intersection of Constitutional law, The Civil Rights Act(s), Civil Procedure and Federal and State Courts. The focus will be on the litigation of law enforcement and other governmental misconduct.

COMPARATIVE CONSTITUTIONAL LAWThis course compares the constitutions and constitutional systems of many countries, including Uzbekistan, Malaysia, Indonesia, Australia, Japan, Germany, France, United Kingdom, Jamaica, Canada, South Africa, European Union, Russia, Hungary, Italy, Spain, Philippines, South Korea, India, Poland, New Zealand, Czech Republic, Israel, Singapore, Pakistan, Zambia and the United States. It examines the following topical areas: the functions of constitutions, how constitutions facilitate or obstruct constitutionalism and the rule of law, the major types of contemporary constitutional systems, the problem of constitutional transitions, amendments, and regime changes, constitutional interpretation, separation of powers, checks and balances, the legislative branch, executive power, the judiciary, state of emergency, freedom of expression, why protect speech, subversion of the political order, protection of symbols, libel, racist speech, freedom of religion and belief, what is protected and what is religion, models of the relationship between state and religion (secularism, separation, coexistence, benevolence and state religion), secular education and denominational schools, the nature and extent of constitutional protection of democracy, limits to democracy and unmaking authoritarianism, militant democracy, democratic activity B rights of a civil society, association and assembly, right to vote and elections, impact of voting, apportionment, political parties, and financing political activities. facilitate or obstruct constitutionalism and the rule of law, the major types of contemporary constitutional systems, the problem of constitutional transitions, amendments, and regime changes, constitutional interpretation, separation of powers, checks and balances, the legislative branch, executive power, the judiciary, state of emergency, freedom of expression, why protect speech, subversion of the political order, protection of symbols, libel, racist speech, freedom of religion and belief, what is protected and what is religion, models of the relationship between state and religion (secularism, separation, coexistence, benevolence and state religion), secular education and denominational schools, the nature and extent of constitutional protection of democracy, limits to democracy and unmaking authoritarianism, militant democracy, democratic activity B rights of a civil society, association and assembly, right to vote and elections, impact of voting, apportionment, political parties, and financing political activities.

ELECTION LAWThis course examines the law of democracy in the context of the political process. The course also surveys issues related to constitutional principles, administrative regulations, and political practices.

FEDERAL COURTSThis course builds on Civil Procedure and Constitutional Law I. It covers in detail the jurisdiction of the federal judiciary under Article III and congressional legislation relating to both the U. S. Supreme Court and the lower federal courts; what cases present “federal questions”; federal court authority in cases involving diversity of citizenship; removal of cases from State to federal courts; conflicts between State and federal judicial systems; the law applied in federal courts; and, procedures in federal district courts and intermediate circuit courts of appeals. Federal Courts is a particularly useful course for students interested in civil litigation, in federalism and selection of courts in which to file suites, and in developing a better understanding of Article III, the federal judiciary, and the authority of Congress in regard to the federal court system.FLORIDA CONSTITUTIONAL LAWThis course examines the Florida Constitution and its operation in limiting the role of government and allocating state power. It emphasizes constitutional principles and the operation of state and local government in organizing society. It is particularly recommended for persons planning to practice in Florida.

STATE AND LOCAL TAXATIONThis course will survey the constitutional and statutory bases for state and local taxation, and the governmental mechanisms for imposing and collecting such taxes. The course will overview various state-authorized taxes presently imposed but will focus on ad valorem (property) taxation, and will specifically address taxpayer rights and remedies in issues involving assessment valuations, favored classification, exemptions, and immunities through analyses of applicable Florida statutes and leading case law. This course is designed as a practical and legal introductory guide to advising individual Florida taxpayers, and should prove valuable to students who intend to practice in the areas of property law, corporate law, business law, tax law, or government law.

ZONING LAND USE PLANNINGThe principal methods of public control of the use of private land, from traditional judicial doctrines, such as nuisance and eminent domain, through statutory comprehensive planning regimes. The course also covers traditional zoning and planning issues, such as spot zoning, floating zones, nonconforming uses, variances and special exceptions. Sections on land valuation in eminent domain, and the impact of income and property taxation on land use, are also included as well as the impact of the U.S. Constitution on these issues.